Title 25IndiansRelease 119-73

§336 Allotments to Indians making settlement

Title 25 › Chapter CHAPTER 9— - ALLOTMENT OF INDIAN LANDS › § 336

Last updated Apr 6, 2026|Official source

Summary

If an Indian who is entitled to an allotment under existing law settles on public land that is not already taken, he or she can apply at the local land office to have the land allotted to them and their children the same way allotments are made for Indians on reservations. The President chooses where these allotments may be made, but no one may get more than 40 acres of irrigable land, 80 acres of nonirrigable farm land, or 160 acres of nonirrigable grazing land. If the land was not yet surveyed, the grant will be adjusted after the survey and a patent will be issued with the limits and restrictions in sections 348 and 349 of this title. Any land-office fees that would have applied are paid from Treasury funds not otherwise appropriated after the Secretary of the Interior submits and certifies the account to the Secretary of the Treasury.

Full Legal Text

Title 25, §336

Indians — Source: USLM XML via OLRC

Where any Indian entitled to allotment under existing laws shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children in manner as provided by law for allotments to Indians residing upon reservations, and such allotments to Indians on the public domain as herein provided shall be made in such areas as the President may deem proper, not to exceed, however, forty acres of irrigable land or eighty acres of nonirrigable agricultural land or one hundred sixty acres of nonirrigable grazing land to any one Indian; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto, and patent shall be issued to them for such lands in the manner and with the restrictions provided in section 348 and 349 of this title. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Secretary of the Interior or such officer as he may designate, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Words “restrictions provided in section 348 and 349 of this title”, referred to in text, were in the original “restrictions provided in the Act of which this is amendatory”. That Act is act Feb. 8, 1887 (24 Stat. 388), popularly known as the Indian General Allotment Act. For classification of that Act to the Code, see

Short Title

note set out under section 331 of this title and Tables.

Statutory Notes and Related Subsidiaries

Permanent Appropriation;

Repeals

Effective
July 1, 1935, the permanent appropriation provided for in the last sentence of this section was repealed by act
June 26, 1934, ch. 756, § 1, 48 Stat. 1225.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. “Secretary of the Interior or such officer as he may designate” substituted in text for “Commissioner of the General Land Office” on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5.

Reference

Citations & Metadata

Citation

25 U.S.C. § 336

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73